• 무역상무연구
• /
• 제67권
• /
• pp.1-21
• /
• 2015

U. N. Convention on Contracts for the International Sale of Goods (hereinafter the 'CISG' or the 'Convention') has been in force more than 37 years. The CISG responds to the need for uniform sales law. First of all, the biggest barrier against the uniformity in sales law is so-called "homeward trend". Professor Honnold, who served as secretary of UNCITRAL during the time in which the CISG was developed, pointed out the danger of "homeward trend" like this in his Article. "One threat to international uniformity in interpretation is a natural tendency to read the international text through the lenses of domestic law." CISG Article 79 is the principal provision governing the extent to which a party is exempt from liability for a failure to perform any of his obligations due to an impediment beyond his control. So-called 'Manfred Forberich' decision regarding the article 79 represents the most extreme example of what is likely the most dangerous error that tribunals applying the CISG can make. CISG Article 79 only governs impossibility of performance, and there is a controversy whether a disturbance which does not fully exclude performance, but it considerably more difficult or onerous(hardship, change of circumstances, economic impossibility) can be considered as an impediment. Unlike PICC and PECL, the CISG governs contract of sale. Therefore, events such as a sudden increase in the price of raw materials or a dramatic devaluation of currency, will not allow the seller to avoid his liability for non-delivery of the goods or to require renegotiation of the terms of the contract of sale. We should bear in mind that the CISG should be interpreted and applied in the context of the CISG itself.

• 무역상무연구
• /
• 제23권
• /
• pp.71-91
• /
• 2004

The purpose of this paper is to examine the effects and problems of acceptance with modifications according to CISG Art. 19, comparing with UCC ${\S}2-207$. First of all this author raised two legal issues encountered when there is an acceptance with modifications. Scenario one is as follows : "Before either party has taken further action, there is a rise or a fall in the price of goods, was there a binding contract ?" The UCC rules provide for a contract if a purchaser sends out a purchase order and the seller sends back a sales acknowledgement form, and the items on the front(the price, description, and quantity) match up. The CISG on the other hand, is that most of the terms and conditions on the backs of the forms are important. Therefore, if they are different, there should not be a contract. Scenario two is as follows : "There has been performance, A disputes arises. What terms and conditions apply ?" The CISG and the UCC will probably lead to different results in the event the parties exchange conflicting forms and subsequently perform. Assuming that the offeree's reply contains terms that are materially different from the offer, the UCC provides that the resulting contract will include only those terms on which the writings of the parties agree, excluding conflicting terms. The CISG treats the material additions as a counter-offer and, in accordance with Art. 18, the offeree's performance may be regarded as an acceptance of a contract containing all of the offeror's terms ; or the offeror's performance may be regarded as an acceptance of a contract containing all of the offeree's terms. Second, this author raised three problems in the Art. 19 as follows ; 1) It is very difficult in practical application to decide what is material alterations even if the CISG lists material terms as an example. 2) There is a possibility for the offeror to speculate in the circumstance of market fluctuation as he has a change to object to the discrepancy in the offeree's reply. 3) There is also a possibility of inducement for the offeror or the offeree to send its own reply as a last shot.

• 한국유기농업학회지
• /
• 제21권4호
• /
• pp.523-538
• /
• 2013

To help improve the current government practice of direct damage-compensation policies, resulting from the loss of profit, sustained by Hanwoo farmers, as a result of the recent Korea-U. S. Free Trade Agreement (FTA), this research aims to examine any problems or issues caused by said policies. To accomplish this task, we have established Hanwoo-SIMO model and estimated the damage of Hanwoo farmers, one without the implementation of the FTA and another with the FTA, to compare and contrast the two. We then analyzed the efficacy of the current government policies. According to our analysis, the current direct compensation policies for the loss of profit on the part of Hanwoo farmers are insufficient. To address this problem, we recommend the government enact a new direct damagecompensation law to address the following issues. First, as the base formula of damage-compensation, the government should use current price of the beef rather than the annually changing flexible price. Second, the flexible control index should remain fixed at 1.0 rate while the government prepares the adequate amount of the damage compensating direct payment resulting from the FTA. Third, the direct government compensation policy should extend beyond the current 15 years (2013-2026) as the profit loss is expected to increase after the midpoint of the FTA.

• 한국환경과학회지
• /
• 제18권4호
• /
• pp.389-400
• /
• 2009

In this research, we measured the number of lanes, distance, disposition of apartment that are affecting the road traffic noise to evaluate the current condition of G city's road traffic noise. We decide on a basis regarding an apartment price formation factor, and the apartment current price and the results that compared. To have a point scale, we set the maximum road traffic noise at a 8 lane road for 5 points, give 4 points for a 6 lane road, which has a $2.1{\sim}2.5\;dB(A)$ difference compared to a 8 lane road, give 3 points for a 4 lane road, which has a $5.2{\sim}5.5\;dB(A)$ difference compared to a 8 lane road, and set 2 points for a 2 lane road and lower. If we set the standard floor plan as horizontal and a living room facing the roadside, the horizontal and living room facing the opposite side of the road is 1 point because it differs by 14.1 dB(A), and the vertical is 3 points since the difference is 5.3 dB(A). If we make grades by the distance, making standard the fifth floor with little soundproof effect from apartment to road, we observe a measurement below 2.9 dB(A) at a distance of less than 10 m and 5 dB(A), decreased at a distance of 20 m. Therefore, 4 points were given for less than 10m, 3 points for $10{\sim}20\;m$, 2 points for more than 20 m as we can apply the effect of a decay distance of line sound source and the decrease in noise effects of more than 6 dB(A), 1 point for more than 40m, and 0 points for more that 80 m since it is negligible. 28 apartments got 0 points because there is no effect of road traffic noise from other apartments, and 50 apartments where only the road at one side effect them got $5{\sim}10$ points. 4 apartments (17-2, 6-3, 10-4, 3-3) received over 20 points. 15 cases showed a difference between developer price and resale price, and 11 cases (73%) among them showed the same trend (price increases with a low road traffic noise restriction factor point) with the point of road traffic noise restriction factor. 4 cases demonstrated the opposite trend, showing price increases with a high restriction factor point. Among the 4 cases, case numbers 2,6 and 9 appear to be more affected by the location factor (business district) than the road traffic noise restriction factor, and case number 1 appears to be affected by the building factor (openness and direction).

• International Journal of Computer Science & Network Security
• /
• 제21권12spc호
• /
• pp.459-462
• /
• 2021

The article examines the main problems of land market formation in Ukraine. The article is devoted to the study of problems and prospects of land market introduction after the abolition of the ban on alienation. The advantages and disadvantages of lifting the moratorium on the purchase and sale of agricultural land are highlighted. The experience of such European countries as France, Germany, Latvia, Romania and Poland in regulating the market of agricultural lands is analyzed. The historical stages of market formation, features of state policy in this area are considered. The authors found that in these countries the market for agricultural land is well developed and works effectively, which has positive consequences for the economy of these countries. After analyzing the experience, we identified common elements of an effective mechanism for regulating the land market in European countries, which can be implemented in Ukraine. It is emphasized that after the opening of the land market it is necessary to prevent the concentration of a large number of agricultural lands in the hands of one person or close persons and it is necessary to create an effective supervisory body, whose main functions will be supervising sales prevention of speculation in the land market. Emphasis is placed on the need to improve legislation in the field of land, organizational and informational conditions for land reform. The Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Concerning the Circulation of Agricultural Land" was analyzed, the adoption of which put an end to the systematic extension of the moratorium on the sale of agricultural land. The positive aspects of such reservations are noted, such as the gradual introduction of the land market, quantitative restrictions, the lower limit of the value equivalent, which can not be less than the normative monetary value. At the same time, the problem is that the lack of an imperative norm on termination of the lease agreement in case of refusal of the lessee to purchase such land at a price not lower than expert assessment, will negatively affect its price formation and actually make the landlord hostage.

• 무역상무연구
• /
• 제50권
• /
• pp.309-331
• /
• 2011

Today, the world is considered to indispensable basic data in specific gravity of international trade is increasing in economic activity of every country with globalization, and trade connection index number analyzes an economy or part of trade that contribute to economic growth of a country along with other foreign trade statistics and evaluates along with this. Also, it is becoming one of big subject for economic policy person in charge and related economists I do how measure movement of amount, price and amount of materials in trade. But, about till now interest lack about trade index and trade index creation theoretical, it is actuality that export, import connection index number or similar research is not attained much into domestic and overseas from study tribe which is gone ahead. Moreover, study that try to judge and forecast stream of market applying trade connection index number is hard to find on study until now. And, in this research, there is the objective to figure out stream of Korean market change through trade business index creation that base on Korea Customs Administration export and the importation data and this is differences with several study, and at the same time, it is value of this study.

• Journal of Advanced Marine Engineering and Technology
• /
• 제36권7호
• /
• pp.927-934
• /
• 2012

This paper suggests a new fuzzy PID controller with variable parameters which improves the shortage of the fuzzy PID controller with fixed parameters suggested in [9]. The derivation procedure follows the general design procedure of the fuzzy logic controller, while the resultant control law is the form of the conventional PID controller. Therefore, the suggested controller has two advantages. One is that it has only four fuzzy linguistic rules and analytical form of control laws so that the real-time control system can be implemented based on low-price microprocessors. The other is that the PID control action can always be achieved with time-varying PID controller gains only by adjusting the input and output scalers at each sampling time.

• 한국패션뷰티학회지
• /
• 제3권2호
• /
• pp.55-64
• /
• 2005

The purpose of this study is to investigate consumers' knowledge and preference towards functional cosmetics. Through the beauty advisors' surveys, their own selling styles and consumer behaviors recognized by beauty advisors were analyzed. It was intended to help extend and strengthen the functional cosmetic market which has continued to grow rapidly since the approved goods under cosmetic law in 2001. For this study, the data was collected through questionnaires the professional consumer counselors confirmed from Korean women over the age. of twenty old living in the Seoul and Kyoungki areas. After pre-research was implemented on 45 women, 328 samples were analyzed as final samples. In addition,46 samples, which were collected through the questionnaires from beauty advisors were analyzed. Samples were analyzed by frequency, percentage, T-test, ANOVA using the SPSS program. The results of study were as follows: First consumers recognized whether functional cosmetics or not. According to the beauty advisor's surveys, consumers regard the functional cosmetic boundary as being wider than real functional cosmetic boundary according to cosmetic law. So, there is a gap between consumers' opinions and real law. Second, regarding the purchasing channels, the largest channel is the cosmetic store. As far as consumers are concerned the most important factor when buying cosmetics, is the suitability of their own skin types. The second factor is product quality and the third factor is price. Functional cosmetics non-experienced group are more concerned with price compared to experienced group. Related to purchasing products, functional cosmetics experienced group buy set products compared to non-experienced group buy one product. Third, the ultraviolet filter cosmetics portion is the largest in the functional cosmetics market the second largest portion is bleaching cosmetics and the third largest portion is the anti-senility cosmetics. However, Most preferred by consumers is the anti-senility cosmetics. Moreover, preference for ultraviolet filter cosmetics is the least. Finally, the level of satisfaction for functional cosmetics is high and dissatisfaction is low. Consumers feel that beauty advisors are simply pushing high priced products without recognizing the consumers' real needs. In conclusion, to develop the functional cosmetic market continually in the future, it needs to extend various products and advertise them until consumers are more aware.

• 항공우주정책ㆍ법학회지
• /
• 제32권1호
• /
• pp.327-353
• /
• 2017

소비자가 인터넷을 통해 상품이나 서비스를 구입할 때, 가격은 해당 상품이나 서비스 등에 대한 다양한 정보 중에서 중요한 판단요소로 작용한다. 따라서 판매자가 제공하는 가격표시에 대해서 소비자가 적절한 의사결정 및 선택을 할 수 있도록 다양한 규제가 이루어지고 있다. 특히 항공편의 금액표시와 관련하여 예약단계에서는 수수료나 공항시설사용료, 유류할증료 등을 산입하지 않은 가격이 표시되어 고객이 예약을 완료한 후에야 비로소 이러한 구성요소들이 가산된다는 것을 알게 되는 등의 문제가 계속해서 발생해왔다. 이에 2008년 EU에서는 항공업무규칙이 제정되어 EU 역내에서의 항공편 가격표시에 대해 통일적인 규제가 이루어지게 되었다. 이 규칙은 인터넷 예약사이트 상의 가격표시에도 적용이 된다. 항공운임의 최종가격 표시와 관련한 최초의 사례가 2015년의 Air Berlin v. the Bundesverband 판결이다. 본 판결은 최종가격이 예약시스템의 어느 단계에서 표시되어야 하는가, 또 고객이 선택할 가능성이 있는 모든 항공편에 표시되어야 하는가의 여부와 관련한 사안으로 이 문제에 대하여 EU 사법재판소에서 최초로 판단을 제시한 것이다. 본 판결은 판결은 인터넷 예약 시스템상의 최종지불운임표시시기와 그 방법에 관하여 EU 사법재판소가 구체적인 판단기준을 제시한 최초의 사례라는 점에서 중요한 의의를 갖는다. EC 1008/2008 규칙 제23조의 규정목적은 가격의 투명성과 비교가능성의 보장이라고 할 수 있다. 그러므로 고객에게는 가격이 표시되는 최초의 화면부터 선택후보가 되는 모든 항공편에 대하여 최종가격을 표시되어야 한다. 일견 앞에서 살펴본 독일과 미국의 최근의 논의를 계승하고 있는 것처럼 보이기도 하지만, 소비자인 고객에게 가격을 효과적으로 비교할 가능성을 보장하고, 특히 동업종의 타사와의 비교를 가능하게 한다는 점에서 보면, 이와 같은 해석은 보편적이라고 할 수 있다. 현재 우리나라의 경우 총액운임표시제도를 의무화하고 있으나 최종가격의 표시 시기나 방법과 관련하여 현재 우리에게 문제되고 있는 것은 신용카드를 통한 가격할인을 우선적으로 표시하여 정작 정상운임은 스크롤을 한참 아래로 내려야 겨우 확인이 가능한 문제, 인터넷 배너를 통해 최저가 항공권이라고 광고하고 배너를 클릭해서 들어가 보면 실상은 최저가 운임이 아닌 다른 요금으로 책정이 되게 되는 문제, 최저가 운임에 초점을 두어 소비자의 소비심리를 자극하고, 정작 중요한 취소 수수료에 대한 고지는 소홀히 하는 등의 문제이다. 이러한 점을 해결하기 위해서는 홈페이지 항공권 예약 과정에서도 소비자가 쉽게 확인할 수 있도록 팝업창으로 띄우거나 게시해야 할 필요성이 있다고 생각한다. 인터넷의 발달로 국내 항공사 및 국내 여행 사이트 뿐 만이 아니라 국외 여행 사이트까지 다양하게 소비자가 접근할 수 있는 만큼 국내 소비자를 보호하는 섬세한 규정들이 필요한 시점이다. 현재 가격표시와 관련한 문제는 글로벌 여행예약사이트와 저가항공사의 항공권 예약 건에서 집중된다. 국내예약사이트와 국내일반항공사의 경우 총액운임표시제도와 국내 환불규정에 의해 규제를 받기 때문에 소비자의 피해가 이들에 비해 상대적으로 덜할 수밖에 없다. 반면 글로벌 여행 예약사이트와 저가항공사와 같은 업체들은 이러한 국내 규정들을 무시한 채 허위 과장광고를 통해 소비자를 현혹하고, 결과적으로 국내 소비자의 피해는 급증하고 있는 현실이다. 정부의 법적 제도적 지원과 항공사 및 여행업체의 다각적인 노력 및 아울러 소비자들의 적극적인 참여와 노력이 없으면 항공시장 활성화를 통한 가격경쟁과 서비스개선을 기대하기 어려울 것이다. 소비자들은 항공시장에서 항공운임 및 항공서비스와 관련한 최종적인 심판자 역할을 수행해야 한다. 최종적으로 지불해야 하는 가격을 최초단계에서 고객에게 제시한다는 것은 중요하지만 그 표시방법 등에 대해서도 앞으로 계속적 검토할 필요가 있을 것으로 생각된다. 본 사건이 향후 우리에게 발생할 수 있는 문제들에게 하나의 고려문제가 될 수 있다고 생각된다.

• 무역상무연구
• /
• 제18권
• /
• pp.27-62
• /
• 2002

The international sale contract is the central contracts in export-import transactions. A good sale contract or set of general conditions of sale will cover all the principal elements of the transaction, so that uncertainties are avoided. The parties' respective duties as concern the payment mechanism, transport contract and insurance responsibilities, inter alia, will all be clearly detailed in the contract. The following key clauses should be included in international contracts of sale and general conditions of sale: ${\bullet}$ preamble ${\bullet}$ identification of parties ${\bullet}$ description of goods ${\bullet}$ price and payment conditions ${\bullet}$ delivery periods and conditions ${\bullet}$ inspection of the goods - obligations and limitations ${\bullet}$ quantity or quality variations in the products delivered ${\bullet}$ reservation of title and passing of property rights ${\bullet}$ transfer of risk - how accomplished ${\bullet}$ seller's warranties and buyer's complaints ${\bullet}$ assignment of rights ${\bullet}$ force majeure clause and hardship clause ${\bullet}$ requirement that amendments and modifications be in writing ${\bullet}$ choice of law ${\bullet}$ choice of dispute resolution mechanism Under most systems of law, a party can be excused from a failure to perform a contract obligation which is caused by the intervention of a totally unforeseeable event, such as the outbreak of war, or an act of God such as an earthquake or hurricane. Under the American commercial code (UCC) the standard for this relief is one of commercial impracticability. In contrast, many civil law jurisdictions apply the term force majeure to this problem. Under CISG, the standard is based on the concept of impediments to performance. Because of the differences between these standards, parties might be well advised to draft their own force majeure, hardship, or excusable delays clause. The ICC publication, "Force Majeure and Hardship" provides a sample force majeure clause which can be incorporated by reference, as well as a hardship clause which must be expressly integrated in the contract. In addition, the ICC Model provides a similar, somewhat more concise formulation of a force majeure clause. When the seller wishes to devise his own excusable delays clause, he will seek to anticipate in its provision such potential difficulties as those related to obtaining government authorisations, changes in customs duties or regulations, drastic fluctuations in labour, materials, energy, or transportation prices, etc.